| 1 | 1 | | By: Campbell S.B. No. 2696 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the regulation of the performance of advanced cosmetic |
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| 9 | 9 | | procedures; requiring an occupational license; authorizing a fee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle C, Title 3, Occupations Code, is |
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| 12 | 12 | | amended by adding Chapter 207 to read as follows: |
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| 13 | 13 | | CHAPTER 207. ADVANCED COSMETIC PROCEDURE LICENSE |
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| 14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 15 | 15 | | Sec. 207.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Advanced cosmetic procedure" means a nonsurgical |
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| 17 | 17 | | cosmetic procedure, including: |
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| 18 | 18 | | (A) the injection of a prescription or other |
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| 19 | 19 | | substance for a cosmetic purpose; |
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| 20 | 20 | | (B) a cosmetic treatment that pierces through, |
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| 21 | 21 | | scrapes, or damages the dermis; and |
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| 22 | 22 | | (C) the use for a cosmetic purpose of a device as |
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| 23 | 23 | | defined by Section 551.003. |
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| 24 | 24 | | (2) "Commission" means the Texas Commission of |
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| 25 | 25 | | Licensing and Regulation. |
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| 26 | 26 | | (3) "Department" means the Texas Department of |
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| 27 | 27 | | Licensing and Regulation. |
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| 28 | 28 | | (4) "Physician" has the meaning assigned by Section |
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| 29 | 29 | | 151.002. |
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| 30 | 30 | | Sec. 207.002. APPLICABILITY. A person is not required to |
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| 31 | 31 | | hold a license under this chapter if the person is a licensed health |
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| 32 | 32 | | care worker acting within the scope of the person's license. |
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| 33 | 33 | | SUBCHAPTER B. POWERS AND DUTIES |
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| 34 | 34 | | Sec. 207.101. GENERAL POWERS AND DUTIES. The department |
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| 35 | 35 | | shall enforce this chapter. |
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| 36 | 36 | | SUBCHAPTER C. LICENSE REQUIREMENTS |
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| 37 | 37 | | Sec. 207.201. LICENSE REQUIRED. A person may not perform or |
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| 38 | 38 | | attempt to perform an advanced cosmetic procedure unless the person |
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| 39 | 39 | | holds a license issued under this chapter. |
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| 40 | 40 | | Sec. 207.202. LICENSE APPLICATION. An applicant for a |
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| 41 | 41 | | license under this chapter must apply to the department on a form |
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| 42 | 42 | | and in the manner prescribed by the department, accompanied by: |
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| 43 | 43 | | (1) evidence that the applicant: |
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| 44 | 44 | | (A) is at least 18 years of age; and |
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| 45 | 45 | | (B) has successfully completed: |
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| 46 | 46 | | (i) training the commission approves under |
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| 47 | 47 | | Section 207.203; and |
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| 48 | 48 | | (ii) the examination developed and |
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| 49 | 49 | | administered by the department under Section 207.204; |
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| 50 | 50 | | (2) any other information required by the department, |
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| 51 | 51 | | including sworn statements relating to the applicant's background |
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| 52 | 52 | | and legal status; and |
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| 53 | 53 | | (3) a fee in the amount set by the commission. |
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| 54 | 54 | | Sec. 207.203. TRAINING. The commission shall approve a |
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| 55 | 55 | | course consisting of training in advanced cosmetic procedures for a |
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| 56 | 56 | | license under this chapter. |
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| 57 | 57 | | Sec. 207.204. EXAMINATION. The department shall develop |
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| 58 | 58 | | and administer an examination for a license applicant under this |
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| 59 | 59 | | chapter that consists of a written component and a practical |
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| 60 | 60 | | component. |
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| 61 | 61 | | SUBCHAPTER D. PRACTICE BY LICENSE HOLDER |
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| 62 | 62 | | Sec. 207.301. AUTHORIZED ACTIVITIES. A license issued |
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| 63 | 63 | | under this subchapter: |
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| 64 | 64 | | (1) authorizes the license holder to perform only |
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| 65 | 65 | | advanced cosmetic procedures; and |
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| 66 | 66 | | (2) does not authorize the license holder to diagnose, |
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| 67 | 67 | | treat, or offer to treat any client for any illness, disease, or |
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| 68 | 68 | | injury of the human body. |
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| 69 | 69 | | Sec. 207.302. DISCLOSURE REQUIRED. The holder of a license |
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| 70 | 70 | | issued under this chapter shall specifically disclose in writing to |
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| 71 | 71 | | each client and prospective client the activities the license |
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| 72 | 72 | | holder is authorized and not authorized to perform under the |
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| 73 | 73 | | license, as described by Section 207.301. |
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| 74 | 74 | | Sec. 207.303. ONSITE SUPERVISION. The holder of a license |
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| 75 | 75 | | issued under this chapter, practicing under the written protocol of |
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| 76 | 76 | | a consulting physician, may perform an advanced cosmetic procedure |
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| 77 | 77 | | without the physician's onsite supervision. |
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| 78 | 78 | | SECTION 2. (a) Not later than December 1, 2025, the Texas |
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| 79 | 79 | | Commission of Licensing and Regulation shall adopt the rules, |
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| 80 | 80 | | forms, and fees necessary to administer Chapter 207, Occupations |
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| 81 | 81 | | Code, as added by this Act. |
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| 82 | 82 | | (b) Not later than March 1, 2026, the Texas Commission of |
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| 83 | 83 | | Licensing and Regulation shall: |
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| 84 | 84 | | (1) approve the training required under Section |
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| 85 | 85 | | 207.203, Occupations Code, as added by this Act; and |
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| 86 | 86 | | (2) develop the examination required under Section |
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| 87 | 87 | | 207.204, Occupations Code, as added by this Act. |
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| 88 | 88 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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| 89 | 89 | | section, this Act takes effect September 1, 2025. |
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| 90 | 90 | | (b) Section 207.201, Occupations Code, as added by this Act, |
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| 91 | 91 | | takes effect July 1, 2026. |
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